Daily Archives: September 2, 2008

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The Fair Debt Collections Practices Act and Property Managers

The federal Fair Debt Collection Practices Act (FDCPA) applies to any person who regularly collects or attempts to collect debts for another. The definition might include property management firms under certain circumstances, but does not include landlords acting pro se. The FDCPA exempts attempts to collect debts that were not in default when obtained.  For example, this exemption would apply as long as the tenant was not in default when the property management firm was retained. Conversely, if a property manger accepts an assignment of a debt after it has become due and is in default the exemption may not […]